Statistical sampling and representative evidence may be used to establish classwide liability in FLSA donning-and-doffing class actions where individual evidence is unavailable.
procedure
High Court of Australia held there is no power to make a common fund order in favour of litigation funders at the interlocutory stage of a class action.
Anshun estoppel bars relitigation where it was unreasonable not to raise the issue in earlier proceedings; re-litigation may also constitute abuse of process.
High Court of Australia held the reflective loss principle (Prudential Assurance rule) does not apply in Australia, permitting shareholders to recover losses independently of the company.
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